Professional Documents
Culture Documents
MODULE OVERVIEW
Laws help us grow in our ability to do good to become ethical and moral. There are a
number of laws promulgated to help us in our desire to become truly professional teachers. When
you become part of the educational system, you will guided by several related laws. Among the
other laws relevant to the teaching profession are on government assistance to students and
teachers in private schools; ethical laws; appointment of teachers; and basic and tertiary education
laws.
In this Module you will study other laws which are relevant to the teaching profession.
Lesson I discusses the legal bases for government assistance to students and teachers in the private
schools. Lesson II deals on various ethical laws. The lesson refers us to more ethical standards to be
upheld by professional teachers. Lesson III provides guidelines on the appointment of teachers as
stipulated in the localization law. Lastly, Lesson IV dwells on the laws supporting the basic and
tertiary education.
(b) For students enrolled in schools charging above one thousand five hundred pesos (P1,500)
per year intuition and other fees during the school year 1988-1989or such amount in
subsequent years as may be determined from time to time by the State Assistance Council,
no assistance for tuition fees shall be granted by the Government: Provided, however, That
the schools concerned may raise their tuition fees subject to Section 10 hereof.
(2) Assistance under paragraph (1), subparagraphs (a) and(b) shall be granted and tuition fees under
subparagraph (c)may be increased, on the condition that seventy percent(70%) of the
amount subsidized allotted for tuition fee or of the tuition fee increases shall go to the
payment of salaries, wages, allowances and other benefits of teaching and non-teaching
personnel except administrators who are principal stockholders of the school, and may be
used to cover increases as provided for in the collective bargaining agreements existing or in
force at the time when this Act is approved and made effective:
Provided, that government subsidies are not used directly for salaries of teachers of non-
secular subjects. At least twenty percent (20%) shall go to the improvement or
modernization of buildings, equipment, libraries, laboratories, gymnasia and similar facilities
and to the payment of other costs of operation. For this purpose, school shall maintain a
separate record of accounts for all assistance received from the government, any tuition fee
increase, and the detailed disposition and use thereof, which record shall be made available
for periodic inspection as may be determined by the State Assistance Council, during
business hours, by the faculty, the non-teaching personnel, students of the school
concerned, the Department of Education, Culture and Sports and other concerned
government agencies.
SECTION 6 HIGH SCHOOL TEXTBOOK ASSISTANCE FUND
There shall be established in the Department of Education, Culture and Sports (DECS) a High School
Textbook Assistance Fund, so that an assistance on a per student basis shall be given to
private schools charging less than one thousand five hundred pesos (P1,500.00) for 1988-
1989 per year, or such amount in subsequent years as may be determined from time to time
by the State Assistance Council, exclusively for the purchase of high school textbooks, in
support of the implementation of the Secondary Education Development Program: Provided,
that such fund shall not be used for the purchase of books that will advance or inhibit
sectarian interest: Provided, further, that such textbooks are included in the list approved by
the Department of Education, Culture and Sports.
SECTION 7 EXPANSION OF THE EXISTING EDUCATIONAL SERVICE CONTRACTING (ESC) SCHEME
(a) The Department of Education, Culture and Sports (DECS) shall continue to enter into
contracts with private schools whereby the Government shall shoulder the tuition and other
fees of excess students in public high schools that shall enroll under this program. It shall
settle all outstanding obligations before contracting new obligations.
(b) The Department shall also enter in to contract with private schools in communities where
there are no public high schools, in which case the Department shall shoulder the tuition and
other fees of students who shall enroll in said private schools. The number of such schools
assisted by the program will be increased every year such that all schools in this category will
be assisted within four (4) years from the promulgation of this Act.
(c) The amount of assistance to be given by the Government under this Section shall not exceed
that determined as the per student cost in public high schools.
(d) The Department shall fully pay the subsidized amount to participating schools not later than
the end of the school year, unless the delay incurred is attributable to the participating
schools.
(e) The amount of assistance shall be allocated and distributed among the fourteen (14) regions
in proportion to the total population as well as the high school age population for the first
school year: Provided, that starting school year 1990,an equalization scheme shall be
implemented by the State Assistance Council.
SECTION 8. ASSISTANCE TO COLLEGE FRESHMEN
(a) The Voucher System of Private Education Student Financial Assistance (PESFA) Program. The
existing Private Education Student Financial Assistance (PESFA) Program which covers degree
and vocational/technical courses shall be expanded so that a minimum of ten percent (10%)
for the school year1989, fifteen percent (15%) for the school year 1990, twenty percent (20%)
for the school year 1991, twenty-five percent (25%) for the school year 1992 and thereafter,
of all enrolling first year students can benefit from a full or partial scholarship, plus an
allowance.
Such financial assistance shall be granted to deserving underprivileged students, who
shall be selected on the basis of family income, geographic spread and results of competitive
examinations to be given by the Department of Education, Culture and Sports to students in
all secondary schools. The program shall be equitably allocated to provinces and cities in
accordance with regional and national plans to priority courses as determined by the
Department of Education, Culture and Sports in coordination with the National Economic
Development Authority (NEDA). The priority courses shall be submitted to Congress at the
start of this program and any changes thereon periodically.
For purposes of this Act, an underprivileged student shall refer to a student whose
annual gross income, if any, and that of the combined annual gross income of his parents do
not exceed thirty-six thousand pesos (P36, 000).
(b)Tuition Waiver. - Private colleges and universities shall provide for full or half tuition waivers
for five percent (5%) of the entering freshmen, which shall include among others,
valedictorians and salutatorians of both public high schools and private high schools
charging less than one thousand five hundred pesos (P1,500) per student per year as of
school year 1988-1989, or such amount in subsequent years as may be determined by the
State Assistance Council: Provided, that those valedictorians and salutatorians meet
admission tests and retention requirements of the schools concerned. For this purpose, the
tuition rates for entering freshmen in all private schools and colleges may be determined by
the school itself, after appropriate consultations with parents, students and the alumni of the
school. For this purpose, audited financial statements shall be made available to authorized
representatives of these sectors.
(c) Allowance of Valedictorians. - Subject to rules and regulations as may be promulgated by the
State Assistance Council, valedictorians referred to under subparagraph (b) above, may, in
addition to tuition waivers granted by the school concerned, be entitled to such allowances
from the government as are provided to PESFA grantees, provided these all enroll in priority
courses.
(d)Allowance for other Honorees. - In case the graduating class is composed of more than two
hundred and fifty students, all salutatorians and first honorable mention graduates thereof
may also be entitled to the allowance granted to valedictorians under the preceding
paragraph.
SECTION 9. FURTHER ASSISTANCE TO STUDENTS INPRIVATE COLLEGES AND UNIVERSITIES
Tuition fee supplements for non- freshmen students of private colleges and
balance thereof.
(d) Social Security Fund. The Social Security System Fund shall make available low interest
educational loans to its members and to private educational institutions for school buildings
and/or improvement of their plants and facilities.
SECTION 12. LIMITATION
The right of any student to avail himself of the benefits under this Act shall not apply:
(a) If he fails for one (1) school year in the majority of the academic subjects in which he has
enrolled during the course of his study unless such failure is due to some valid cause beyond
his control; and
(b) If he enrolls for the first time, or transfers, outside of the region where he is domiciled unless
the course he wants to pursue is a priority course as determined by the Department of
Education, Culture and Sports and is not offered in any private school in his region.
SECTION 13 COLLEGE FACULTY DEVELOPMENTFUND
For the purpose of improving the quality of teaching in higher education, there is
hereby established in Department of Education, Culture and Sports a College Faculty
Development Fund to provide for scholarships for graduate degrees and non-degree
workshops or seminars for faculty members in private colleges and universities: Provided,
that faculty member recipients of such scholarships shall serve three (3) years return service
for every year of scholarship availed of. The scholarship shall be in priority courses as
determined by the Department of Education, Culture and Sports in coordination with the
National Economic Development Authority (NEDA) and cannot be awarded to promote or
inhibit sectarian purposes.
SECTION 14 PROGRAM ADMINISTRATION / RULESAND REGULATIONS
The State Assistance Council shall be responsible for policy guidance and direction,
monitoring and evaluation of new and existing programs, and the promulgation of rules and
regulations, while the Department of Education, Culture and Sports shall be responsible for
the day to day administration and program implementation. Likewise, it may engage the
services and support of any qualified government or private entity for its implementation.
The State Assistance Council (SAC), hereinafter known as the Council, shall be headed
by the Secretary of Education, Culture and Sports as chairman, with representatives from
NEDA, DBM, DOST, and representatives from duly organized nationwide associations of
teachers, students and school administrators as members. The last three (3) members shall
be appointed by the President upon there commendation of their respective sectors for a
term of four (4) years.
The Council shall meet, from time to time, as the need arises, to assess the affectivity
of the programs and to ensure that schools, colleges and universities where student
recipients are enrolled continue to provide quality education. For this purpose, the Council
shall establish criteria, including accreditation status, to determine which schools, colleges
and universities may continue to enroll students who are recipients of government assistance
under this Act.
SECTION 15. APPROPRIATION
(a) The appropriations of the Department of Education, Culture and Sports authorized in General
Appropriations Act for Fiscal Year 1989, Republic Act No. 6688, for A.7.d Implementation of
programs for secondary education, A.7.e Implementation of programs for higher education,
A.7.g Implementation of free secondary education shall be reduced as far as practicable on a
proportionate basis by region to provide funds for the requirements of this Act in Fiscal Year
1989: Provided, That savings from any other item of appropriation of the Department of
Education, Culture and Sports may be utilized for the implementation of this Act in Fiscal Year
1989: Provided, further, That any deficiency shall be taken from any or all of the following
sources:
(1) Portions of the coconut levies authorized under Republic Act No. 620 and Presidential Decree
No. 1468 and other laws earmarked to finance scholarships for the benefit of deserving
children of the coconut farmers, and the income thereof: Provided, that such funds shall be
used exclusively for the program of assistance for said children including their books, board
and lodging and other allowances in case these are not provided in a particular program of
assistance;
(2) Twenty percent (20%) of the travel tax and airport departure tax collections;
(3)Ten percent (10%) of any funds collected by the Sugar Regulatory Administration or the
Philippine Coconut Authority for students in provinces where they are collected;
(4) Ten percent (10%) of the net income of the Development Bank of the Philippines;
(5)Portions of the Overseas Welfare Fund to benefit the dependents or children of overseas
workers; and
(6) Any other lump sum appropriations or collections under the supervision and control of the
Office of the President.
Provided, finally, that the total amount made available to carry out the purposes of
this Act shall not exceed five hundred million pesos (P500M) for Fiscal Year 1989. Thereafter,
such amount as may be necessary for its continued implementation shall be included in the
annual General Appropriations Act.
(b) The amount of assistance on a per student basis as determined under Section 5(a) and (b) and
Section 9(a) of this Act shall remain the same for the subsequent years unless Congress provides
otherwise.
SECTION 16 PENALTIES
In case of any violation of the provisions of this Act or the rules and regulations
promulgated pursuant thereto by an institution, the Department of Education, Culture and
Sports, upon the recommendation of the Council, may bar the institution from participating
in or benefiting from the programs of this Act, and from other programs of the Department,
without prejudice to administrative and criminal charges as may be filed against the school
and/or its responsible officers under existing laws.
Any school who shall refuse, as required under paragraph (1) (c) of Section 5,
Section8 (b) and Section 9 (b), to furnish copies of their audited financial statements to
concerned sectors with whom they are having consultations prior to tuition fee increases,
shall forfeit the right to increase their tuition fees, in addition to other penalties or sanctions
as may be imposed under the preceding paragraph or by existing laws.
SECTION 17 REPEALING CLAUSE
All laws and decrees particularly Presidential Decree Nos. 932 and 1371 and such
letters of instruction, rules and regulations or parts thereof which are inconsistent with this
Act are hereby repealed or modified accordingly.
SECTION 18 SEPARABILITY CLAUSE
If any provision of this Act is declared unconstitutional, the same shall not affect the
validity and effectively of the other provisions not affected thereby.
The government has always valued the role of education in nation building. In fact, the
education sector always gets the largest share in the annual appropriations of the national
government. One of the many legislations which broadens access to education is RA 6728, which
provides government assistance to students and teachers in the private education in the form of
supplements in their tuition fees. The existing law, however, has limited both the amount of
assistance to be extended to deserving college students as well as the course to be covered by the
scholarship program by only including the so-called "priority course program" to be determined by
the concerned agencies of the government.
ASSESSMENT TASK
1. In your own words and in not less than 5 sentences, explain the:
a) "Study Now, Pay Later Plan" program.
REFLECTION
Five-minute non-stop writing activity. From the Module on RA 6728, I realized that . . . . .
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"SEC. 9. Further Assistance to Students in Private Colleges and Universities.- Tuition fee
supplements for students of private post-secondary vocational and technical institutions and higher
educational institutions enrolled in ANY DEGREE AND VOCATIONALITECHNICAL COURSE [priority
course programs determined by the TESDA and the CHEQ] shall be provided by the government
through a voucher system in the following manner: "For students in PESFA PROGRAM ENROLLED in
ANY DEGREE AND VOCATIONAL/TECHNICAL COURSE [priority programs] in schools charging an
effective per unit tuition rate of such amount as may be determined by the State Assistance Council,
the government shall provide the student with a voucher for the amount of tuition fee supplement
RANGING FROM ONE HALF TO FULL AS determined by the State Assistance Council.
SEC. 3. - Insert a new Section 10
"SEC. 10 - SCHOLARSHIP DONATION FUND - The Government may accept scholarship
donations from any source, domestic or foreign, which will form part of a scholarship fund
benefitting college students under the voucher system: Provided, that any donation which will be
made for the purpose of the scholarship donation fund, shall be exempted from taxes of any kind
and shall constitute allowable deduction from the income of the donors.
SEC. 4. Repealing Clause. - All laws, decrees, order or administrative rules and regulations or any part
thereof which may be inconsistent with the provision of this act are hereby repealed, amended or
modified accordingly.
SEC. 5. Separability Clause. - If for any reason, any provision of this Act is declared invalid or
unconstitutional, the remainder of this Act shall not be affected.
SEC.6. Effectivity. - This Act shall take effect immediately upon publication in a newspaper of general
circulation.
Educational Service Contracting scheme or ESC. It is a program provided for by Republic Act
8545 (amending R.A. 6728), or the “Expanded Government Assistance to Students and Teachers in
Private Education, or GASTPE. This is a provision of subsidies for students who wish to receive a
private education but cannot afford to do so.
3. Teachers, who have resigned or retired from the service at the time of payment of the TSS
due to health reasons and in accordance with school regulations, shall likewise be entitled to
payment of the salary subsidy proportionate to actual services rendered. Unexpended
subsidies must be returned to the DepEd and are not transferable to teachers not listed
among those billed by the school for the school year. See Section IV.H.3 on how to return
funds to the DepEd.
4. The DepEd or PEAC Secretariat reserves the right to verify the PRC licenses of teachers listed
by participating schools to claim the TSS. Any false claims shall subject the school to a
suspension of its entire TSS program support.
B. Procedure for paying TSS of Participating Private Schools
1. Schools shall submit to the PEAC RS, along with their ESC Billing Statements, a form
indicating its certified list of licensed teachers and their PRC license numbers and other
related information. The List of TSS Teachers may be downloaded and printed in the ESC IMS
under “Print TSS Billing and List” link.
2. Upon receipt of the Teachers’ Salary Subsidy payment, the head of the participating school
shall prepare a payroll in five (5) copies, consisting of the following:
a) Name: of TSS recipients;
b) Corresponding PRC license number;
c) Amount received; and
d) Signature of recipients
3. The school payroll must bear the signatures of its authorized officials and the head of the
faculty organization, or its equivalent, in said school. The payroll shall be submitted the
following school year during submission of TSS Billing Statements to the PEAC RS. A copy of
the School Payroll form may be downloaded in the ESC IMS under the Downloads link.
4. In case there is no faculty organization operating in the ESC participating private secondary
school, the teachers whose names appear in the payroll prepared by school authorities shall
elect an official representative who shall then witness the grant of TSS to qualified teachers.
5. Non-compliance with these guidelines by ESC participating schools shall be subject to
sanctions that may include the withholding of the subsidy.
6. The DepEd Schools Division Office is tasked to monitor the smooth implementation of the
TSS under the ESC Program and to report immediately to the DepEd Regional Office, cc:
Central Office, all violations, if any, that have been committed by ESC participating private
schools.
1. Complete the table below by giving a brief description of the different amendments made in
Republic Act 8545.
Section Description
Section 8
Section 9
Section 10
ASSESSMENT TASK
1. In your own words and in not less than 5 sentences each, explain:
a) The Voucher System of Private Education Student· Financial Assistance (PESFA) Program.
b) Education Service Contracting (ESC)
REFLECTION
1. Make a reflection. From the Module on Republic Act 8545, I realized that . . . . .
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(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation,
terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way would discriminate, deprive
or diminish employment opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
On the other hand, in an education or training environment, sexual harassment is
committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.
In Narvasa vs. Sanchez, a senior bookkeeper filed a case for sexual harassment against the
municipal assessor. In the said case, the respondent handed notes to the victim “Gay, I like you.”, as
well as text messages saying “Ka date ko si Mary Gay… ang tamis ng halik mo.” , “Pauwi ka na ba
sexy?”, “I slept and dreamt nice things about you.”, “Have a date with me.”, among others. He would
also whisper to the victim “Oy flawless, pumanaw ka met ditan” while twice pinching her upper left
arm near the shoulder in a slow manner. Furthermore, during a field trip, the respondent tried to
kiss the victim. In such case, the Supreme Court held the respondent guilty of sexual harassment.
In Domingo vs. Rayala, a case involving a stenographer as the victim and the NLRC Chairman
as the perpetrator, the Supreme Court enunciated that sexual harassment is an imposition of
misplaced “superiority” which is enough to dampen an employee’s spirit and her capacity for
advancement. It affects her sense of judgment; it changes her life. Thus, in holding and squeezing
the victim’s shoulders, running his fingers across her neck and tickling her ear, having inappropriate
conversations with her, giving her money allegedly for school expenses with a promise of future
privileges, and making statements with unmistakable sexual overtones – all resound with deafening
clarity the unspoken request for a sexual favor.
However, in sexual harassment cases, the acts complained of must be in consonance with
human experience. In Digitel vs. Soriano, the Director for Market and Communications sued her
superiors, which were the Senior Vice-President and Senior Executive Vice- President. The woman
filed a complaint for sexual harassment 11 months after she tendered her resignation. The woman
claimed that during a company party, while they were seated in the sofa, one of the perpetrators
crept his hand under a throw pillow and “poked” her vagina several times. She justified her failure to
flee by claiming that she was hemmed in by the arm of the sofa. Furthermore, she claimed that
thereafter, when she was dancing with one of the perpetrators, the latter groped her breasts and
buttocks.
In this case, the Supreme Court did not give credence to the allegations of the woman and
dismissed the charges of sexual harassment. The Supreme Court ratiocinated that if indeed the
perpetrators performed the condemnable act, why didn’t the woman slap the perpetrators and left
the event. The Supreme Court further held that any woman in her right mind, whose vagina had
earlier been “poked” several times without her consent and against her will, would, after liberating
herself from the clutches of the person who offended her, raise hell.
RA 7877 mandates that the employer or the head of the work-related, educational or
training environment or institution must provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment. The employer must create a committee on decorum and
investigation of cases on sexual harassment. In the case of a work-related environment, the
committee shall be composed of at least one (1) representative each from the management, the
union, if any, the employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at
least one (1) representative from the administration, the trainers, instructors, professors or coaches
and students or trainees, as the case may be.
Commission of sexual harassment is a criminal offense. A person found guilty of sexual
harassment shall be penalized by imprisonment of not less than one (1) month nor more than six (6)
months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand
pesos (P20,000), or both. Any person who directs or induces another to commit any act of sexual
harassment, or who cooperates in the commission thereof by another without which it would not
have been committed, shall also be held liable under for sexual harassment.
Damages resulting from sexual harassment may be separately and independently instituted.
In fact, the employer or head of office, educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment committed in the employment, education or
training environment if the employer or head of office, educational or training institution is informed
of such acts by the offended party and no immediate action is taken.
1. Complete the table below by giving a brief explanation how sexual harassment is committed in
the following situations.
Situation Explanation
In education and
training environment
Work-related or
employment
environment
ASSESSMENT TASK
REFLECTION
1. Make a reflection. From the Module on Republic Act 7877, I realized that . . . . .
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B. R.A. 9262 – Anti Violence Against Women and their Children Act of 2004
Republic Act No. RA 9262 , otherwise known as the Anti-Violence Against Women and Their
Children Law (“VAWC”), defines violence against women and children as “any act or a series of acts
against a woman who is his wife, former wife or against a woman with whom the person has or had
sexual or dating relationship, or against her child, whether legitimate or illegitimate, within or
without family abode, which result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion or arbitrary deprivation of liberty”.
Hence, it can be committed against a man’s wife, ex-wife, girlfriend, ex-girlfriend, lover, ex-
lover or the woman’s child. Violence against women takes on many forms such as physical violence,
sexual violence, psychological violence, and economic abuse.
- Physical Violence refers to acts that include bodily or physical harm.
- Sexual violence, on the other hand, refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
a. rape
b. sexual harassment,
c. acts of lasciviousness,
d. treating a woman or her child as a sex object
e. making demeaning and sexually suggestive remarks,
f. physically attacking the sexual parts of the victim’s body,
g. forcing her/him to watch obscene publications and indecent shows or
h. forcing the woman or her child to do indecent acts and/or make films thereof,
i. forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;
j. acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;
k. Prostituting the woman or child.
Remember, making demeaning remarks against women is considered as violence against women!
- Psychological violence, a novel concept in Philippine law is which refers to acts or omissions
causing or likely to cause mental or emotional suffering of the victim such as but not limited
to:
a. intimidation
b. harassment,
c. stalking,
d. damage to property,
e. public ridicule or humiliation,
f. repeated verbal abuse and
g. repeated marital infidelity.
It includes causing or allowing the victim to witness the physical, sexual or psychological
abuse of a member of the family to which the victim belongs, or to witness pornography in any form
or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
It must be emphasized that the usual shouting bouts resulting to cursing, humiliating and
the like done by a man to a woman is considered as violence against women! More importantly,
repeated marital infidelity or engaging in extramarital affairs is likewise punishable.
- Economic abuse. Another victory for women is the inclusion of economic abuse in the VAWC.
It refers to acts that make or attempt to make a woman financially dependent which includes,
but is not limited to the following:
a. withdrawal of financial support or
b. preventing the victim from engaging in any legitimate profession, occupation, business or
activity;
c. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
d. destroying household property;
e. controlling the victims’ own money or properties or solely controlling the conjugal money or
properties.
Under VAWC, a Petition for Protection Order may be filed. A protection order is an order
issued for the purpose of preventing further acts of violence against a woman or her child specified
and granting other necessary relief. The protection orders that may be issued are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO).
The protection orders that may be issued shall include any, some or all of the following reliefs:
1. Prohibition of the respondent from threatening to commit or committing, personally or
through another, any of the acts mentioned in VAWC;
2. Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;
3. Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner,
or permanently where no property rights are violated, and if respondent must remove
personal effects from the residence, the court shall direct a law enforcement agent to
accompany the respondent has gathered his things and escort respondent from the
residence;
4. Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school,
place of employment, or any specified place frequented by the petitioner and any
designated family or household member;
5. Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential personal
effects, or to supervise the petitioner’s or respondent’s removal of personal belongingness;
6. Granting a temporary or permanent custody of child/children to the petitioner;
7. Directing the respondent to provide support to the woman and/or her child if entitled to
legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld regularly
by the respondent’s employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
8. Prohibition of the respondent from any use or possession of any firearm or deadly weapon
and order him to surrender the same to the court for appropriate disposition by the court,
including revocation of license and disqualification to apply for any license to use or possess
a firearm. If the offender is a law enforcement agent, the court shall order the offender to
surrender his firearm and shall direct the appropriate authority to investigate on the offender
and take appropriate action on matter;
9. Restitution for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses and loss of income;
10. Directing the DSWD or any appropriate agency to provide petitioner may need; and
11. Provision of such other forms of relief as the court deems necessary to protect and provide
for the safety of the petitioner and any designated family or household member, provided
petitioner and any designated family or household member consents to such relief.
CONTENTS (t sub
ion LEARNING ACTIVITY 1
1. Complete the table below by giving a brief explanation how violence against women is
committed in the following forms.
Situation Explanation
Physical
Sexual
Psychological
Economic
ASSESSMENT TASK
1. In your own words explain substantially:
a) What is the meaning of Battered Woman Syndrome
REFLECTION
1. Make a reflection. From the Module on Republic Act 9262, I realized that . . . . .
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Salient provisions:
Women’s rights are human rights - “All rights in the Constitution and those rights recognized under
international instruments duly signed and ratified by the Philippines, in consonance with Philippine
law, shall be rights of women under this Act to be enjoyed without discrimination.” (Section 8)
Gender and development (GAD) budget - “The cost of implementing GAD programs shall be the
agency’s or the local government unit’s GAD budget which shall be at least five percent (5%) of the
agency’s or the local government unit’s total budget appropriations.” (Section 36A)
1. Complete the table below by giving a brief explanation how violence against women is
committed in the following forms.
Form of Violence Explanation
Physical
Sexual
Psychological
Economic
ASSESSMENT TASK
REFLECTION
1. Make a reflection. From the Module on Republic Act 9262, I realized that . . . . .
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LEARNING CONTENTS
LEARNING (title of
CONTENTS theof
(title subsection)
the subsection)
Amended Implementing Rules and Regulations of R.A. No. 8190 “An Act Granting Priority to
Residents of the Barangay, Municipality, or City Where the School is Located, in the Appointment or
Assignment of Classroom Public School Teachers”
Pursuant to Section 3 of Republic Act No. 8190, the following amended rules and regulations are
hereby prescribed:
Section 1. Definition of Terms
As used herein, the following terms shall be understood to mean:
(a) Teacher refers to a person who meets the minimum requirements for the position as required by
law and the standards set by the Department who does actual teaching in classrooms and other
learning centers.
(b) Applicant refers to a person who holds a valid certificate of registration/professional license as a
teacher from the Professional Regulation Commission (PRC) seeking to be appointed to a
Teacher I Position.
(c) Qualified applicant refers to a person who meets the evaluation and selection criteria as
prescribed by the Department of Education (DepEd), and who is in the registry of the Schools
Division and is a bona fide resident.
(d) Bona fide resident refers to a qualified applicant who is, prior to appointment, resident for a
period of at least six (6) months of a particular barangay, municipality, city or province where the
school is located, as evidenced by legal documents to be identified by the Department.
(e) Secretary refers to the Department of Education Secretary
(f) Regional Director refers to the Department of Education Regional Director
(g) Protest refers to the administrative complaint filed by an aggrieved applicant (complainant)
regarding an appointment or assignment to a Teacher I made by an appointing or assigning
authority (respondent).
(h) Appointment refers to the issuance of original appointment of teachers.
(i) Assignment refers to the posting of a teacher in a public school or other learning center.
(j) Registry refers to the official list of qualified applicants in the Schools Division
Section 2. Coverage
These rules and regulations shall apply to appointment or assignment of teachers in all
public schools and other learning centers under the Department of Education.
Section 3. Filling Up of Vacant Positions
In the appointment or assignment of teachers to public schools and other learning centers
with vacant teaching positions, priority shall be given to bonafide residents of the barangay,
municipality, city or province where the school is located, in no particular order. Provided, that the
teacher possesses all the qualifications for the position as required by law and DepEd Orders.
Provided, further, that among the bonafide residents of the barangay, municipality, city or province
where the school or learning center is located, the most qualified shall be given priority.
Section 4. Recruitment and Selection Process
Upon approval of these rules and regulations, applicants who are interested in being
appointed or assigned to public elementary or secondary schools and other learning centers located
in the place where they are bonafide residents may send their written applications together with the
necessary documents, to the school head concerned who shall verify and certify as to the
correctness and authenticity of the documents submitted including the proof of place of residence.
The school head in turn shall forward the applications to the Office of the schools division
superintendent. The Division Office shall maintain a registry which shall be valid for a period of one
(1) school year. The Superintendent shall appoint or assign a teacher.
The Secretary of Education shall issue guidelines on the hiring of teachers that shall be
consistent with RA 8190 and these implementing rules and regulations.
Section 5. Protest Procedures for Violations of RA 8190
Aggrieved applicants in the registry of the Schools Division may file a protest. The protest,
which shall be subscribed and sworn to in the form of a letter-complaint in three (3) copies, shall be
filed at the Regional Office within ninety (90) days from the issuance of the appointment.
The Regional Director shall, within seventy-two (72) hours upon receipt of the protest,
require the Schools Division Superintendent (SDS) to answer the allegations in the protest within
fifteen (15) days, furnishing the protestant a copy thereof. The Regional Director’s decision may be
appealed to the DepEd Secretary within fifteen (15) days upon receipt thereof. Any appeal on the
decision of the Secretary shall be filed with the Civil Service Commission.
A protest shall not render an appointment ineffective nor bar the approval thereof by the
appointing authority, but the approval shall be subject to the final outcome of the protest.
Section 6. Sanctions
Any person found guilty of violating any of the provisions of RA 8190 and these
implementing rules and regulations or any part hereof shall be charged administratively pursuant to
RA 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and
Employees and other relevant laws, rules and regulations. Administrative sanctions for any willful
violations of RA 8190 and its implementing rules and regulations shall be imposed as follows:
(a) First violation – suspension of one month without pay
(b) Second violation – suspension of two months without pay; and
(c) Third violation and subsequent violation – suspension of six months without pay
Section 7. Separability Clause
Should any provision of this IRR be subsequently declared invalid or unconstitutional, the
same shall not affect the validity and effectivity of the other provisions.
Section 8. Repealing Clause
Rules, regulations and issuances which are inconsistent with these rules are hereby repealed,
rescinded or amended accordingly.
Section 9. Effectivity
These rules and regulations shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least one (1) newspaper of general circulation.
Approved December 20, 2012
LEARNING ACTIVITY 1
1. Do you think the provisions in this Law are observed in the appointment or assignment of
classroom public school teachers?
2. What are the positive and negative effects on the educational system of RA 8190?
3. Interview a public school teacher who is a resident of the barangay (through chat). What are the
benefits that he/she enjoys when he/she was assigned in his/her barangay?
ASSESSMENT TASK
1. In your own words and in not less than 5 sentences, explain the relevance of the Law on the
teachers and the educational system.
REFLECTION
1. Make a reflection. From the Module on Republic Act 9262, I realized that . . . . .
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Our Constitution declares that it is a state policy to inculcate nationalism and patriotism in
our youth. Republic Act 8491, an Act Prescribing the Code of the National Flag, Anthem, Motto,
Coat-Of-Arms and other Heraldic Items and Devices of the Philippines, or the “Flag and Heraldic
Code of the Philippines,” mandates that reverence and respect shall be accorded at all times to the
Philippine flag, the national anthem and other national symbols that embody the country's ideals
and traditions, and express the principles of sovereignty and national solidarity.
The code thus prescribes some rules on the Philippine flag, as follows:
360– The flag, if flown from a flagpole, shall have its blue field on top in time of peace and the red
field on top in time of war; if in a hanging position, the blue field shall be to the right (left of
the observer) in time of peace and the red field to the right (left of the observer) in time of
war.
– A flag worn out through wear and tear shall not be thrown away. It shall be solemnly burned
to avoid misuse or desecration. The flag shall be replaced immediately when it begins to show
signs of wear and tear.
– May 28 to June 12 of each year are declared as Flag Days, during which all offices, agencies
and instrumentalities of government, business establishments and institutions of learning,
including private homes, are enjoined to display the flag.
– To add any word, figure, mark, picture, design, drawing, advertisement or imprint of any nature
to the flag.
– To print, paint or attach a representation of the flag on handkerchiefs, napkins, cushions and
other merchandise.
– To display in public any foreign flag, except in embassies and other diplomatic establishments,
and in offices of international organizations.
– To use, display or be part of any advertisement or infomercial.
– To display the flag in front of buildings or offices occupied by aliens.
On the national anthem, the code expressly prescribes that its rendition, whether played or
sung, shall be in accordance with the musical arrangement and composition of Julian Felipe. (We
understand that, according to the National Historic Commission of the Philippines, the proper
tempo is a 2/4 and 100 metronomes, and that the anthem should last 53 seconds).
When the national anthem is played at a public gathering, whether by a band or by singing
or both, or reproduced by any means, the attending public shall sing it with fervor. As a sign of
respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed. If
none, they shall face the band or conductor. At the first note, all persons shall execute a salute by
placing their right palms over their left chests. Those in the military or scouting shall give the
prescribed salute.
The anthem shall not be played and sung for mere recreation, amusement or entertainment
purposes, except on some occasions. These are international competitions where the Philippines is
the host or has a representative; local competitions; during “signing off” and “signing on” of radio
broadcasting and television stations; and before the initial and last screening of films or before the
opening of theater performances.
Violators shall, upon conviction, be punished with a fine of between P5,000 and P20,000,
imprisonment of not more than one year, or both.
The period from May 28 to June 12 of each year is declared as Flag Days, during which
period all offices, agencies and instrumentalities of government, business establishments,
institutions of learning and private homes are enjoined to display the flag. On May 24, 1994,
President Fidel Ramos issued an Executive Order No. 179 to allow government offices and
residences to display the Philippine National Flag from May 24 to June 12 of every year.
LEARNING ACTIVITY 1
1. From your own experiences, what are the common violations on the rules on the Philippine flag
as prescribed in the Flag and Heraldic Code of the Philippines?
2. What is your stand on the issue of some religious sects refraining from attending or
participating in the flag raising activity?
ASSESSMENT TASK
1. In your own words and in not less than 5 sentences, explain the importance of the Flag and
Heraldic Code of the Philippines in the task of developing patriotic citizen of the country.
REFLECTION
Self-Reflect
As a future teacher, how would you, as embodied in the Constitution, inculcate nationalism
and patriotism in our youth?
certification of the learner's previous Early Childhood Education (ECE) experiences (i.e.,
preschool, day care, pre-Kindergarten) in addition to the results of the Philippine ECD
Checklist.
- For schools commencing their school year beyond June, the requirement that Kindergarten
learners should be five (5) years old by June 1 and the extension period ending on August 31
shall be adjusted. For schools commencing their school year in July, Kindergarten learners
should be five (5) year s old by July 1 and the extension period shall be until September 30.
- For schools commencing their school year in August, Kindergarten learners should be five (5)
years old by August 1 and the extension period shall be until October 31."
- The Philippine Early Childhood Development (ECD) Checklist is an assessment tool to
determine the child’s growth and development. There is no overall score interpretation of
“pass or failed” in the ECD assessment. The report shall serve as initial assessment of the child
as one of the bases in planning and implementing appropriate interventions for Kindergarten
learners, monitor progress, and refer learners at risk of developmental delays for further
assessment by a specialist and/or provision of specialized intervention/s.
Beneficiaries:
All Five-Year Old Filipino Children nationwide
How to Avail:
Register to the nearest school and bring the basic documentary requirements to enroll in
Kindergarten per DepEd Order No. 3, s, 2018 Philippine Statistics Authority (PSA) birth certificate
Affidavit of Identity certified by the barangay (if birth certificate is not available upon enrolment)
Copy of Phil. ECD record (if the enrollee attended pre-Kindergarten in Day Care or Child
Development Centers)
LEARNING ACTIVITY 1
3. Interview parents in the neighborhood (observe proper health protocol). Do the parents support
the program?
ASSESSMENT TASK
1. In your own words and in not less than 5 sentences, explain the relevance of the
Kindergarten Education Act to RA 10533.
REFLECTION
Self-Reflect
Reflect on the statement, “The schools are the nurseries of the citizens of the state.”
LEARNING ACTIVITY 1
2. What are the legal basis of teaching and learning the mother tongue?
3. What is the most important reason why the K to 12 Program was implemented?
ASSESSMENT TASK
1. In your own words and in not less than 5 sentences, explain the role of the CHED in the
K to 12 Program?
REFLECTION
Self-Reflect
Reflect on the ”significance of the Enhanced Basic Education Act of 2013 to Philippine
education.
The Implementing Rules and Regulations (IRR) foresee different benefits depending on the
type of institution in which the student enrolls:
- All (eligible) Filipino students enrolled in courses leading to a bachelor's degree in state
universities and colleges (SUCs), local universities and colleges (LUCs) and technical-vocational
schools will be exempted from paying tuition and other school fees. They are also exempted
from admission fees and fees for the use of library, laboratory and computers. For those
enrolled in technical-vocational schools, further fees are exempted, including the cost of
utilities, facilities, equipment and tools maintenance, as well as the honoraria of trainers. Other
school fees that are covered are specified under Sections 4 and 5 of RA 10931 and are further
detailed in the Implementing Rules and Regulations.
- For those enrolled in private higher education institutions, a subsidy for tuition and other
school fees is available. The law also includes provisions for student loans. According to the
IRR, students with financial capacity may opt out of the benefits prescribed by the law.
Transitional measures
Resolution No. 620 – Reimbursements of fees paid for 2018
In February 2018, the Senate unanimously passed Senate Resolution No. 620 (Adopted
Resolution No. 85) which called for the full and immediate implementation of the new law in the
second school semester of 2017–2018. The senator who had sponsored this resolution, Bam Aquino,
urged schools to adhere in full to the new law, which was all the more necessary as Filipino families
were shouldering rising prices in goods and services due to the passage of the Tax Reform for
Acceleration and Inclusion Law (TRAIN Law), and to refund whatever fees they may have continued
to collect for that semester.
Free Tuition 2017 program – Reimbursements based on an income-based ranking:
The Free Tuition 2017 program allowed SUCs received reimbursement for deserving students
already for first semester of academic year 2017–2018, based on an income-based ranking of the
students.
ASSESSMENT TASK
1. In your own words and in not less than 5 sentences, of the law on the educational
opportunities of poor but deserving Filipino students.
REFLECTION
Self-Reflect
Reflect on the ”significance of R.A. 10931 – Universal Access to Quality Tertiary
Education Act on underprivileged Filipino students.
SUMMARY
Education law is a set of rules and regulations that guide the workings of an education
system. ... Education law may deal with the creation and funding of schools and school policy,
teacher requirements, and the rights of students. Education law covers areas like school policy and
teacher requirements.
It is the body of state and federal constitutional provisions; local, state, and federal statutes;
court opinions; and government regulations that provide the legal framework for educational
institutions.
There are legal bases of and relevant acts to the teaching profession. Every teacher or those
who wish to become teachers should be knowledgable of these laws.
REFERENCES
REFERENCES
Bilbao, P.P. et. al., The Teaching Profession. Third Edition. Lorimar Publishing. Quezon City 2015
https://www.youtube.com/watch?v=YjZqks7yDnA
Bilbao, P.P. et.al., The Teaching Profession. Fourth Edition., Quezon City. 2018
Ramos, P. Research and Teacher Education: A Philippine Perspective. Retrieved May 23, 2016.
https./do.org10
Pawilen, Greg T. Teaching Profession: Passion and Mission, 2nd Edition (2019)
Rex Book Store, Manila
REFERENCEwww.lawphil.netwww.aaccupqa.org.phwww.pacucoa.phwikipedia.org
DOWNLOAD LINKhttp://www.slideshare.net/jaredram55E-mail: jaredram55@yahoo.com
Punishing Violence Against Women in the Philippines
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